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VIRGINIA LAWYER | August 2014 | Vol. 63 38 Virginia Lawyer Register www.vsb.org DISCIPLINARY PROCEEDINGS DISCIPLINARY BOARD Respondent’s Name Address of Record Action Effective Date Paul Joseph Bohnet Virginia Beach, VA Public Reprimand March 28, 2014 Kiran Moolchand Dewan Lisbon, MD Revocation June 23, 2014 Reuben Voll Greene Richmond, VA Revocation June 27, 2014 Willard Phillip McCrone Monterey, CA Suspension w/Terms—1 year June 27, 2014 All but 30 days stayed upon compliance with terms. William Shawn McDaniel Bristol, VA Revocation May 16, 2014 Michael S. Santa Barbara Martinsburg, WV Suspension—1 year April 28, 2014 Suspension—3 Months April 28, 2014 DISTRICT COMMITTEES Respondent’s Name Address of Record Action Effective Date Carter Benjamin Garrett Bedford, VA Public Reprimand June 30, 2014 Stephen Lynn Hewlett Petersburg, VA Public Reprimand June 24, 2014 William Craig Meyer II Chatham, VA Public Reprimand July 7, 2014 Paul Andrew Murphy Falls Church, VA Public Reprimand w/Terms June 30, 2014 Dena M. Roudybush Falls Church, VA Public Reprimand June 30, 2014 James Wicker Traylor Hopewell, VA Public Reprimand May 30, 2014 Michael Alan Ward Fairfax, VA Public Reprimand w/Terms May 28, 2014 SUSPENSION—FAILURE TO PAY DISCIPLINARY COSTS Respondent’s Name Address of Record Effective Date Liſted Eduardo Justo Harrisonburg, VA July 1, 2014 *** William Magruder McKee Norfolk, VA June 25, 2014 *** Douglas Paul Wachholz Reno, NV July 25, 2014 ***

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Page 1: Virginia Lawyer and Virginia Lawyer Register August 2014 · Virginia Lawyer Register Stephen Lynn Hewlett ... Sara Elizabeth Chase, ... Virginia Lawyer and Virginia Lawyer Register

VIRGINIA LAWYER | August 2014 | Vol. 6338

Virginia Lawyer Register

www.vsb.org

DISCIPLINARY PROCEEDINGS

DISCIPLINARY BOARD

Respondent’s Name Address of Record Action E�ective DatePaul Joseph Bohnet Virginia Beach, VA Public Reprimand March 28, 2014Kiran Moolchand Dewan Lisbon, MD Revocation June 23, 2014Reuben Voll Greene Richmond, VA Revocation June 27, 2014Willard Phillip McCrone Monterey, CA Suspension w/Terms—1 year June 27, 2014 All but 30 days stayed upon compliance with terms. William Shawn McDaniel Bristol, VA Revocation May 16, 2014Michael S. Santa Barbara Martinsburg, WV Suspension—1 year April 28, 2014 Suspension—3 Months April 28, 2014

DISTRICT COMMITTEES

Respondent’s Name Address of Record Action E�ective DateCarter Benjamin Garrett Bedford, VA Public Reprimand June 30, 2014Stephen Lynn Hewlett Petersburg, VA Public Reprimand June 24, 2014William Craig Meyer II Chatham, VA Public Reprimand July 7, 2014Paul Andrew Murphy Falls Church, VA Public Reprimand w/Terms June 30, 2014Dena M. Roudybush Falls Church, VA Public Reprimand June 30, 2014James Wicker Traylor Hopewell, VA Public Reprimand May 30, 2014Michael Alan Ward Fairfax, VA Public Reprimand w/Terms May 28, 2014

SUSPENSION—FAILURE TO PAY DISCIPLINARY COSTS

Respondent’s Name Address of Record E�ective Date Li�edEduardo Justo Harrisonburg, VA July 1, 2014 ***William Magruder McKee Norfolk, VA June 25, 2014 ***Douglas Paul Wachholz Reno, NV July 25, 2014 ***

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DISCIPLINARY BOARDPaul Joseph BohnetVirginia Beach, Virginia12-021-091818On March 28, 2014, the Virginia State Bar Disciplinary Board issued a public reprimand to Paul Joseph Bohnet for violating professional rules that govern bar admission and disciplinary matters, and misconduct. RPC 8.1(a), 8.4(b)http://www.vsb.org/docs/Bohnet-060814.pdf

Kiran Moolchand DewanLisbon, Maryland 2176514-000-099308On June 23, 2014, the Virginia State Bar Disciplinary Board revoked Kiran Moolchand Dewan’s license to practice law based on the revocation of his license in Maryland. In consenting to the revocation, Mr. Dewan admitted that the charges against him are true and that he could not successfully defend against them. Mr. Dewan’s license was summarily suspended on June 10, 2014. Part 6, § IV, ¶ 13-24 and ¶ 13-28http://www.vsb.org/docs/Dewan-080514.pdf

Reuben Voll GreeneRichmond, Virginia14-000-098387E�ective June 27, 2014, the Virginia State Bar Disciplinary Board revoked Reuben Voll Greene’s license to practice law for failing to comply with the duties of a suspended lawyer. Part 6, § IV, ¶ 13-29http://www.vsb.org/docs/Greene-080514.pdf

Willard Phillip McCroneMonterey, California14-000-099309On June 27, 2014, the Virginia State Bar Disciplinary Board suspended Willard Phillip McCrone’s license to practice law for one year with terms, with all but thirty days suspended. �is was a reciprocal disciplinary action based on misconduct that occurred in California and for which the California Supreme Court disciplined Mr. McCrone. Part 6, § IV, ¶ 13-24http://www.vsb.org/docs/McCrone-080514.pdf

William Shawn McDanielBristol, Virginia14-102-096442, 14-102-096421, 14-102-096290, 13-102-095732, 13-102-095547, 13-102-095422On May 16, 2014, the Virginia State Bar Disciplinary Board revoked William Shawn McDaniel’s license to practice law for violating professional rules that govern diligence, communication, safekeeping property, declining or terminating representation, bar admission and disciplinary matters, and misconduct. RPC 1.3(a), 1.4(a)(b), 1.15(a)(1)(b)(4)(5)(c)(1)(2)(i,ii)(3)(4)(d)(3)(i-iv), 1.16(d), 8.4(c), 8.5(a)(b)(1-3)http://www.vsb.org/docs/McDaniel-080514.pdf

Michael Shawn Santa BarbaraMartinsburg, West Virginia14-000-099022, 14-000-099025E�ective April 28, 2014, the Virginia State Bar suspended Michael Shawn Santa Barbara’s license to practice law for one year. �e board also imposed a three-month suspension to run concurrently. Mr. Santa Barbara’s license had been summarily suspended based on his July 9, 2013, suspension by the Supreme Court of Appeals of West Virginia. Rules Part 6, § IV, ¶ 13-24http://www.vsb.org/docs/Santa-Barbara-080514.pdf

DISTRICT COMMITTEESCarter Benjamin GarrettBedford, Virginia14-090-097167On June 30, 2014, the Virginia State Bar Ninth District Subcommittee issued a public reprimand to Carter Benjamin Garrett for violating professional rules that govern con�ict of interest: former client, and communication with persons represented by counsel. �is was an agreed disposition of misconduct charges. RPC 1.9(a), 4.2http://www.vsb.org/docs/Garrett-080514.pdf

Disciplinary Summaries�e following are summaries of disciplinary actions for violations of the Virginia Rules of Professional Conduct (RPC) (Rules of the Virginia Supreme Court Part 6, ¶ II, e�. Jan. 1, 2000) or another of the Supreme Court Rules.Copies of disciplinary orders are available at the Web link provided with each summary or by contacting the Virginia State Bar Clerk’s O�ce at (804) 775-0539 or [email protected]. VSB docket numbers are provided.

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Stephen Lynn HewlettPetersburg, Virginia4-031-098826On June 24, 2014, the Virginia State Bar �ird District, Section I, Subcommittee issued a public reprimand to Stephen Lynn Hewlett for violating a professional rule that governs safekeeping property. �is was an agreed disposition of misconduct charges. RPC 1.15 (b)(5), (c)(1)(2)(i,ii), (3)http://www.vsb.org/docs/Hewlett-080514.pdf

William Craig Meyer IIChatham, Virginia14-090-096700, 14-090-096586On July 7, 2014, the Virginia State Bar Ninth District Subcommittee issued a public reprimand to William Craig Meyer II for violating professional rules that govern diligence, communication, and disciplinary matters. �is was an agreed disposition of misconduct charges. RPC 1.3(a), 1.4(a,b), 8.1(c)http://www.vsb.org/docs/Meyer-080514.pdf

Paul Andrew Murphy Falls Church, Virginia11-053-087272, 12-053-092130On June 30, 2014, the Virginia State Bar Fi�h District Subcommittee, Section III, issued a public reprimand with terms to Paul Andrew Murphy for violating professional rules that govern safekeeping property. �is was an agreed disposition of misconduct charges. RPC 1.15(a)(1),(b)(2),(c)(1)(2)(i,ii)(4),(d)(2)(3)(i-iv)(4)http://www.vsb.org/docs/Murphy-080514.pdf

Dena M. RoudybushFairfax, Virginia 14-053-097108On June 30, 2014, the Virginia State Bar Fi�h District Subcommittee, Section III, issued a public reprimand to Dena M. Roudybush for violating professional rules that govern professional independence of a lawyer and direct contact with potential clients. �is was an agreed disposition of misconduct charges. RPC 5.4(a)(3), 7.3(b)(1-4)http://www.vsb.org/docs/Roudybush-080514.pdf

James Wicker TraylorHopewell, Virginia 14-031-096467 On May 30, 2014, the Virginia State Bar �ird District

-- Section I Subcommittee, issued a public reprimand to James Wicker Traylor for violating professional rules that govern competence, diligence, and communication. �is was an agreed disposition of misconduct charges. RPC 1.1, 1.3(a), 1.4(b)http://www.vsb.org/docs/Trayler-080514.pdf

Michael Alan WardFairfax, Virginia13-051-092489On May 28, 2014, the Virginia State Bar Fi�h District Committee, Section I, issued a public reprimand with terms to Michael Alan Ward for violating professional rules that govern diligence and communication. RPC 1.3(a), 1.4(a)(b)http://www.vsb.org/docs/Ward-080714.pdf

LEGAL ETHICS OPINION 1874

�e VSB’s Standing Committee on Legal Ethics issued LEO 1874 as �nal on July 17, 2014:

Limited Scope Representation—Reviewing Pleadings for Pro Se Litigants— Substantial Assistance and

“Ghostwriting.”

Details: http://www.vsb.org/docs/LEO/1874.pdf

PRO BONO CONFERENCE AND CELEBRATION

Save the date: the Special Committee on Access to Legal Services will hold its annual Pro Bono Conference and Celebration on October 22 in Portsmouth. Details to come.http://www.vsb.org/site/pro_bono

Notices to Members

Disciplinary SummariesDISTRICT COMMITTEES

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NOMINATIONS SOUGHT FOR BOARD AND COMMITTEE VACANCIES

Volunteers are needed to serve the Virginia State Bar’s boards and committees. �e Nominating Committee will refer nominees to the VSB Council for consideration at its October meeting.

Vacancies in 2015 are listed below. All appointments or elections will be for the terms speci�ed, beginning on July 1, 2015.

Council Members at Large

3 lawyer vacancies (of which 2 incumbents are not eligible for reappointment and 1 incumbent is eligible for reappointment to a second term). May serve 2 consecutive 3-year terms.

Disciplinary Board

5 lawyer vacancies and 1 lay member vacancy (of which 5 lawyer members are eligible for reappointment to a second 3-year term, and 1 lay member is eligible for reappointment). District committee service is required. May serve 2 consecutive 3-year terms.

Mandatory Continuing Legal Education Board

4 lawyer vacancies (of which 1 member is not eligible for reappointment and 3 current members are eligible for reappointment to a second term). May serve 2 consecutive 3-year terms.

Nominations, along with a brief résumé, should be sent by September 5, 2014, to

Sharon D. Nelson, chair, VSB Nominating Committee, Virginia State Bar, 1111 E. Main St., Suite 700, Richmond, VA 23219-3565, or e-mailed to [email protected].

Notices to Members

CLIENTS’ PROTECTION FUND BOARD PETITIONS PAID 2013–14Between July 1, 2013 and June 30, 2014, the Clients’ Protection Fund Board approved payments to ��y-seven clients. �e matters involved twenty-three attorneys. Attorney/Location Amount Paid To Date Type of CaseChristopher J. Agresto, Leesburg, VA $50,000 $50,000 Funds obtained by fraud from life insurance policy of

petitioner’s motherSara Elizabeth Chase, Henrico, VA $10,000 $14,400 Unearned attorney’s fees and damages in a construction

litigation matterSara Elizabeth Chase, Henrico, VA $4,400 Unearned fees/Civil matterDenny Pat Dobbins, Portsmouth, VA $1,967 $3,717 Unearned fees/Adoption and name change matterDenny Pat Dobbins, Portsmouth, VA $450 Unearned fees/Corporate matterJeanne L. Dove-Taylor, King George, VA $8,250 $8,250 Misappropriated funds from a real estate closingMichael Lawrence Eisner, Ridge, NY $1,500 $74,843.50 Unearned fees/ Easement matterMichael Lawrence Eisner, Ridge, NY $1,806 Unearned fees and unused advanced costs in bankruptcy matterMichael Lawrence Eisner, Ridge, NY $3,500 Unearned fees/Loan modi�cation and bankruptcy matterMichael Lawrence Eisner, Ridge, NY $1,000 Unearned fees/Civil matterMichael Lawrence Eisner, Ridge, NY $2,000 Unearned fees/Domestic relations matterMichael Lawrence Eisner, Ridge, NY $1,875 Unearned fees/Loan modi�cation matterMichael Lawrence Eisner, Ridge, NY $1,500 Unearned fees/Loan modi�cation and bankruptcy matterMichael Lawrence Eisner, Ridge, NY $4,500 Unearned fees/Loan modi�cation and bankruptcy matterMichael Lawrence Eisner, Ridge, NY $4,500 Unearned fees/Loan modi�cation for several propertiesMichael Lawrence Eisner, Ridge, NY $937.50 Unearned fees/Automobile warranty matterMichael Lawrence Eisner, Ridge, NY $500 Unearned fees/Collections matterMichael Lawrence Eisner, Ridge, NY $1,000 Unearned fees/Child support matterMichael Lawrence Eisner, Ridge, NY $50,000 Unearned fees/Embezzled funds in a bankruptcy matterMichael Lawrence Eisner, Ridge, NY $225 Unearned fees/Child custody and support matterPauline M. Ewald, Ashland, VA $750 $3,250 Unearned fees/Criminal matter, post-conviction matterPauline M. Ewald, Ashland, VA $2,500 Unearned fees/DivorceJerri Lynn Fuller, Alexandria, VA $6,083.32 $6,083.32 Unearned fees and misappropriation of fees in a federal

employment discrimination case(continued on following page)

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CLIENTS’ PROTECTION FUND BOARD PETITIONS PAID 2013–14Attorney/Location Amount Paid To Date Type of CaseRobert Stephen Ganey, Deceased $1,550 $1,550 Unearned fees/Criminal matterOlaf F. Gebhart, Jr., Ti�on, GA $806.25 $5,032.25 Unearned fees/DivorceOlaf F. Gebhart, Jr., Ti�on, GA $1,500 Failure to use earmarked funds for intended purpose in

divorce matterOlaf F. Gebhart, Jr., Ti�on, GA $913 Unearned fees/Bankruptcy matterOlaf F. Gebhart, Jr., Ti�on, GA $1,000 Unearned fees/Bankruptcy matterPhillip Stone Gri�n, II, Winchester, VA $4,636.33 $4,636.33 Fees paid for representation in a civil litigation matterJohn Warren Hart, Virginia Beach, VA $16,000 $109,937.50 Misappropriated funds from a decedent’s estateRobert David Jacobs, Deceased $500 $9,727.09 Unearned fees/Criminal matter and CPF matterRobert David Jacobs, Deceased $2,000 Unearned fees/Criminal matter and CPF matterRobert David Jacobs, Deceased $1,000 Unearned fees/Criminal matter and CPF matterMartin Ray Johnson, Port Charlotte, FL $1,100 $1,100 Embezzlement in a personal injury caseGlenn Charles Lewis, Vienna, VA $25,000 $77,647.18 Unearned fees/Child support and visitation matterGlenn Charles Lewis, Vienna, VA $13,000 Unearned fees/DivorceGlenn Charles Lewis, Vienna, VA $39,647.18 Unearned fees/DivorceRichard L. J. McGarry, Roanoke, VA $3,000 $3,000 Money paid to attorney for litigation expenses that were not used

for that purposeClive Allen O’Leary, Fredericksburg, VA $1,000 $5,500 Unearned fee/DivorceKeh Soo Park, Fairfax, VA $10,500 $48,250 Unearned fees/Immigration matterMarcus N. Perdue, III, Covington, VA $1,900 $10,551.25 Unearned fees/Bankruptcy matterMarcus N. Perdue, III, Covington, VA $5,951.25 Embezzlement in a personal injury caseMarcus N. Perdue, III, Covington, VA $1,200 Unearned fees/Bankruptcy matterMarcus N. Perdue, III, Covington, VA $1,500 Unearned fees/Bankruptcy matter�omas James Sehler, Reston, VA $5,300 $10,746 Unearned fees/Loan modi�cation and bankruptcy matter�omas James Sehler, Reston, VA $1,799 Unearned fees and unused advanced costs in bankruptcy matterRobert H. Smallenberg, Ashland, VA $4,250 $55,241 Unearned fees/Criminal matterRobert H. Smallenberg, Ashland, VA $200 Unearned fees/Criminal matterRobert H. Smallenberg, Ashland, VA $1,000 Unearned fees/Petition for a pardonRobert H. Smallenberg, Ashland, VA $1,001 Unearned fees/Fraud matterRobert H. Smallenberg, Ashland, VA $10,000 Unearned fees/Civil matterHarte P. Sta�ord, Annandale, VA $21,000 $21,000 Unearned fees/Immigration matterMarjorie Lancaster Wall, Farmville, VA $1,200 $8,042 Unearned fees/Bankruptcy matterMarjorie Lancaster Wall, Farmville, VA $896 Unearned fees/DivorceMarjorie Lancaster Wall, Farmville, VA $1,300 Unearned fees/Bankruptcy matterMarjorie Lancaster Wall, Farmville, VA $1,000 Unearned fee/Corporate matterMarjorie Lancaster Wall, Farmville, VA $896 Unearned fees/DivorceMarjorie Lancaster Wall, Farmville, VA $1,350 Unearned fees/DivorceMarjorie Lancaster Wall, Farmville, VA $1,400 Unearned fees/Bankruptcy matterBradley Douglas Wein, Tucson, AZ $8,000 $47,934.96 Unearned fees/Failure to apply advanced costs paid in legal

malpractice case Total $353,539.83

Notices to Members(continued from previous page)